Local court, provincial society and justice in the Ottoman Empire : legal practice and dispute resolution in Çankırı and Kastamonu (1652-1744) / by Boğaç A. Ergene.

Format:

Book

Author/Creator:

Ergene, Boğaç A., 1971-

Series:

Studies in Islamic law and society 1384-1130 ; v. 17.

Studies in Islamic law and society, 1384-1130 ; v. 17

Language:

English

Subjects (All):

Justice, Administration of--Turkey--History--17th century.

Justice, Administration of.

Justice, Administration of--Turkey--History--18th century.

History.

Turkey--History--Ottoman Empire, 1288-1918.

Turkey.

Physical Description:

x, 236 pages : illustrations, 1 map ; 25 cm.

Place of Publication:

Leiden ; Boston : Brill, 2003.

Summary:

This study analyzes the reinstatement of Islamic law in Sudan under Numayr? in the light of its historical context, sources of inspiration, methodology and repercussions, with special reference to the judge as an instrument for implementing the governmental Islamist policy.

Contents:

Chapter 2 Two Sub-Provinces, Two Towns, Two Courts 9

Cankiri and Kastamonu: Historical Background 9

The Courts of Cankiri and Kastamonu 23

Chapter 3 A Comparative Analysis of the Operations of Cankiri and Kastamonu Courts 32

Contents of the Court Records 33

The Kadi as an Intermediary 43

Chapter 4 Litigants, Litigations, and Resolutions: A Statistical Analysis 57

Classification of the Disputes in the Court Records 57

Courts, Clients, and "Justice" 62

Balance of Power in the Court 66

Chapter 5 Costs of Court Usage 76

Tax Records 78

Inheritance Registries 84

Chapter 6 The Court Process I: Alternative Approaches to Kadiship, Court, and Legal "Corruption" 99

The Ottoman Kadi and Court in the Secondary Literature 100

A Critique 104

"Corruption" and Its Uses 108

A Case Study: Hans Ulrich Krafft's Memoirs 115

Chapter 7 Intermission: Sicil as Text 125

Recording the Proceedings 126

Problems of Representation in the Court Records 129

Chapter 8 The Court Process II: Strategies of Litigation 142

Strategy and Legal Competence in Disputes between Individual Litigants 143

Community in Action 151

Chapter 9 Alternative Sites for Dispute Resolution 170

Official Alternatives to Local Courts 170

Unofficial Sites for Dispute Resolution 177

Ambiguous Settlements 183

"Going to Court" as a Phase of Dispute Resolution 185

Chapter 10 In Place of a Conclusion: Models and Taxonomies 189

Court Model versus Bargain Model 190

Characterizing "Islamic Law" 202

Appendix Where Did the Court Clients Come from and Why? 213.

Notes:

Includes bibliographical references (pages [221]-229) and index.

ISBN:

9004126090

9004121048

OCLC:

51178192